Utah Code 73-29-202. Public right to float on public waters

(1)	There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating.

Terms Used In Utah Code 73-29-202

Person: means :Utah Code 68-3-12.5
Property: includes both real and personal property. See Utah Code 68-3-12.5
Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
Public water: means water:

(i)	described in Section 73-1-1; and

(ii)

flowing or collecting on the surface:

(A)	within a natural or realigned channel; or

(B)

in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102

Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:

(i)

floating;

(ii)	fishing; or

(iii)

waterfowl hunting conducted:

(A)	in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and

(B)

so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

(2)

Subsection (1) includes the right to:

(a)	incidentally touch private property as required for safe passage and continued movement;

(b)

portage around a dangerous obstruction in the water, if portage is made in a manner that is:

(i)	most direct;

(ii)	least invasive; and

(iii)

closest to the water; and

(c)	fish while floating.

(3)

A person exercising the right that this section recognizes:

(a)	shall enter and exit the water at a point on public property or private property with permission of the owner; and

(b)	may not stop on private property.

(4)

(a)	The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.

(b)	Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.

Amended by Chapter 340, 2011 General Session

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